STEVENSON v. HARRIS

No. 3200.

241 So.2d 46 (1970)

O. B. STEVENSON, Plaintiff and Appellee, v. Clinton L. HARRIS and Maryland Casualty Company, Defendants and Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 3, 1970.

Writ Refused February 4, 1971.


Attorney(s) appearing for the Case

Cook, Clark, Egan, Yancey & King by Sidney E. Cook, Shreveport, for defendants-appellants.

W. Charles Brown, Mansfield, for plaintiff-appellee.

Before FRUGÉ, CULPEPPER and MILLER, JJ.


CULPEPPER, Judge.

This is a suit for damages for personal injuries. Plaintiff, a pedestrian, was struck by a vehicle driven by the defendant, Clinton L. Harris, and insured by Maryland Casualty Company. The district judge allowed plaintiff recovery under the doctrine of last clear chance. Defendants appealed.

In our view, the decisive issue is whether the defendant motorist was negligent. We conclude he was not.

The scene of the accident is in a rural...

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